In the matter of Epic Mining Pty Limited [2019] NSWSC 890

In the matter of Epic Mining Pty Limited [2019] NSWSC 890

The Plaintiffs' evidence, partly acknowledged in the report as to affairs and not controverted by Epic, established that they were creditors at least for non-minimal unpaid wages and potentially annual leave. In the absence of evidence or submissions explaining non-payment other than inability to pay, the Court inferred that Epic was unable to pay debts as they fell due, found insolvency established, and found no discretionary reason to refuse a winding up order.

Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Application for Winding Up in Insolvency Under Ss 459 a and 459 P of the Corporations Act 2001 (cth) / Principal Judgment; Ex Tempore Revised 12 April 2019
Outcome
Order that the Defendant be wound up in insolvency.
Legal Topics
['winding Up in Insolvency' 'creditor Application' 'employee Entitlements' 'statutory Demand' 'trustee Company Liabilities']
['corporations' 'insolvency'] ['winding Up in Insolvency' 'creditor Application' 'employee Entitlements' 'statutory Demand' 'trustee Company Liabilities']

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Procedural Posture

Application for Winding Up in Insolvency Under Ss 459 a and 459 P of the Corporations Act 2001 (cth) / Principal Judgment; Ex Tempore Revised 12 April 2019

Legal Issues

  1. 1 ['Whether the Plaintiffs were creditors of Epic Mining Pty Limited in respect of unpaid wages and annual leave.' "Whether Epic Mining Pty Limited was insolvent although no creditor's statutory demand or judgment debt was relied upon." 'Whether the Court should exercise its discretion to make a winding up order.']

Ratio Decidendi

The Plaintiffs' evidence, partly acknowledged in the report as to affairs and not controverted by Epic, established that they were creditors at least for non-minimal unpaid wages and potentially annual leave. In the absence of evidence or submissions explaining non-payment other than inability to pay, the Court inferred that Epic was unable to pay debts as they fell due, found insolvency established, and found no discretionary reason to refuse a winding up order.

Court Disposition

Order that the Defendant be wound up in insolvency.

Orders

  • ['The Defendant, Epic Mining Pty Limited (receiver and manager appointed) be wound up in insolvency.' 'Mr Darren John Vardy be appointed as liquidator of the Defendant.' 'The costs of this application be costs in the winding up.']